Loading...
RES 2014-0443 - Agmt with Blair Volunteer Fire and Rescue Department 0 � '- �; . �v Fire Department m„-4:- fi 1516 Jackson Street �® i il 1 � Omaha,Nebraska 68102-3110 op ° ' "'"^ (402)444-5700 oR �ti FAX(402)444-6378 apED FESRUP Bernard J.Kanger,Jr. City of Omaha '1 t - Fire Chief Jean Stothert,Mayor Honorable President and Members of the City Council, Attached is a Resolution which approves an Agreement between the City of Omaha and Blair Volunteer Fire and Rescue Department. The Agreement contemplates that the City of Omaha will donate GEMS T PASS equipment to the Blair Volunteer Fire and Rescue Department in exchange for two (2) TFT Jumbo Ball Intake Valves. There will be no out of pocket cost to the City of Omaha. The specifics of the exchange of equipment are detailed within the attached Agreement. A finding that city property is surplus and may be donated is authorized by Section 5.21 of the Omaha City Charter upon the favorable recommendation of the Finance Director and a finding by the Purchasing Agent that the equipment is no longer usable for any City purpose. Your favorable consideration of this Resolution is requested. Respectfully submitted, Referred to City Council for Consideration: ..c .,,,c)--s-qi, 5..., 1.\ ,...,ty -., :let/L.— --- 13- VQI / L Bernard J. Kanger Jr. Date Mayor's Office Date Interim Fire Chief Approved: Approved: Li julef i* I qi ii i ,step urtiss e Bernard in den Bosch ate c) Finance Director Assistant City Attorney s:\Fire-City Council Documents\2014\10001nlw.doc AGREEMENT This Agreement is made and entered to by and between the City of Omaha, a municipal corporation, organized and existing under the laws of the State of Nebraska located in Douglas County, Nebraska, hereinafter referred to as ("City"); and the Blair Volunteer Fire and Rescue Department,hereinafter referred to as ("Blair"); and, WHEREAS, the City of Omaha, through the Omaha Fire Department ("OFD"), provides fire service to the residents of the City of Omaha; and, WHEREAS, the Blair Volunteer Fire Department provides rescue services to citizens in Washington County, Nebraska; and, WHEREAS, the OFD, after upgrading its communication software, has equipment known as GEMS T PASS that was in working condition when taken out of service; and, WHEREAS, Blair has determined that the GEMS T PASS equipment would be an upgrade to its current communications system; and, • WHEREAS, Blair has two TFT Jumbo Ball Intake Valves available; and, WHEREAS, the OFD could make use of the two TFT Jumbo Ball Intake Valves; and, WHEREAS, Omaha and Blair have entered into an Agreement where they will exchange these items for mutually beneficial purposes. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section 1. City responsibilities: 1.1 The City of Omaha has determined that the GEMS T PASS equipment is no longer being used by the Omaha Fire Department, and as a result it is surplus equipment for which City has no further use. The OFD will be under no obligation to provide Blair with additional equipment or service at any time. Parties understand that City and OFD will not make decisions as to who uses the equipment or whether such equipment is sufficient for Blair's personnel. 1.2 Omaha agrees to hold Blair, its employees, agents or contractors harmless as a result of providing the TFT Jumbo Ball Intake Valves described in Section 2.3 below. Section 2: Blair responsibilities: 2.1 That it will receive the GEMS T PASS equipment provided by the City. Blair will not sell, donate, deliver or otherwise transfer the equipment to any party, individual or agency other than Blair. Blair agrees that one piece of equipment, the Command Base LCD T3, TP-FA-LCD 100M-EV-8E06011525, System ID#8E, was provided to the City of Omaha through grant funding and title to that piece only will remain with the City of Omaha. Notwithstanding the fact that Omaha shall keep title, Blair shall be entitled to exclusive possession of it. 2.2 That Blair is fully aware that the GEMS T PASS equipment is an older system and that it shall be responsible for any testing, maintenance and other upkeep necessary to keep the equipment functioning. Further, Blair agrees to hold Omaha or any of its employees, agents or contractors harmless as a result of Omaha providing the GEMS T PASS equipment. 2.3 Blair agrees to provide two TFT Jumbo Ball Intake Valves (Part No. AX1 ST-NX) to Omaha. Section 3. Consideration Consideration in this Agreement is the exchange of equipment outlined in sections 1 and 2 above, and the parties agree the parties have no further obligation. Section 4. Term This Agreement may be terminated by either party by giving notice to the other in writing prior to the time that the consideration is exchanged. If she wants a receipt of which termination notice, this agreement shall terminate. Section 5. Captions Captions used in this Agreement are for convenience and are not used in the construction of the Agreement. Section 6. Applicable Law Parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state laws, federal laws and all existing applicable rules and regulations. Nebraska Law will govern the terms and the performance under this Agreement. Section 7. Interest of the City Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City contract. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council. Section 8. Merger This Agreement shall not be merged into any other oral or written Agreement, lease, or deed of any type. This is the complete and fully Agreement of the parties. Section 9. Modification This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee, or other representative of either part is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. Section 10. Strict Compliance All provisions of this Agreement and each and very document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written director form an authorized representative. IN WITNESS THEREOF, the parties have duly executed the Agreement hereto, and each party acknowledges receipt of a duly executed copy with original signatures. ,-7 _ / -,- -i . ,7 ,tt,• /4,4 i--Ait,fie,<Jo,J -3 / 67. /1-2 t,74 Blair Volunteer Fire Department C f'je-r- Date ATTEST: CITY OF OMAHA, a Municipal Corporation f ,/. *Z C uster Brown, Ci y Clerk Date Jean Stothert, Ma Yor ate APPROVED AS TO FORM: Deput City Attorney Date C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Omaha Fire Department wishes to donate GEMS T PASS equipment to the Blair Volunteer Fire and Rescue Department in consideration for two TFT Jumbo Ball Intake Valves; and, WHEREAS, the parties have negotiated the attached Agreement which describes the terms of this exchange; and, WHEREAS, pursuant to Section 5.21 of the Omaha Home Rule Charter 1956 as amended, the purchasing agent has determined that the GEMS T PASS equipment is no longer usable for any City purpose; and, WHEREAS, such Charter provision permits the City Council upon recommendation by the Finance Director to authorize donations to any organization to be used for public good; and, WHEREAS, the Finance Director has recommended disposal of such GEMS T PASS equipment with the exception of the Command Base LCD T3, TP-FA-LCD 100M-EV- 8E06011525, System ID#8E which shall remain City property but be in the possession of the Blair Volunteer Fire and Rescue Department; and, WHEREAS, the City of Omaha Fire Department has use for the two TFT Jumbo Ball Intake Valves. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Agreement between the City of Omaha and the Blair Volunteer Fire and Rescue Department is approved; and, BE IT FURTHER RESOLVED that as recommended by the Mayor and Finance Director, the donation of the GEMS T PASS equipment with the exception of the Command Base LCD T3, TP-FA-LCD 100M-EV-8E06011525, System ID#8E, unusable for City purposes as provided in Section 5.21 of the Home Rule Charter will be provided to the Blair Volunteer By Councilmember • Adopted City Clerk Approved Mayor NO. Resolution by Presented to City Council gaiter grown City Clerk C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 Fire and Rescue Department in exchange for the use of two TFT Jumbo Ball Intake Valves is hereby approved. APPROVED AS TO FORM: . I Y/3 I/ DE Y CITY ATTORNEY TE s:\Fire-City Council Documents\2014\10002n1w.doc ift6A664. By Councilmember Adopted APR - $ 201 ity C erk Approve0 .1,� i .. Mayor NO. /./V, Resolution by Res. that the attached Agreement between the City of Omaha and the Blair Volunteer ;: Fire and Rescue Department is approved; and, be it further resolved that as recommended by the Mayor and Finance Director, the donation of the GEMS T PASS equipment, unusable for City purposes as provided in Section 5.21 of the Home Rule Charter will be provided to the Blair Volunteer Fire and Rescue Department in exchange for the use of two TFT Jumbo Ball Intake Valves is hereby approved. slfire-city council documcnts\2014\10003n1w.doc Presented to City Council APR - 8 2014 Adopted' 7 . euiter (/gown, City Clerk